Alerts

Illinois Adopts Unauthorized Practice of Law and Multijurisdictional Rule That Carves Safe Haven for Foreign Lawyers

October 13, 2009

Lawyers for the Profession® Alert

Brief Summary
Illinois will soon have a “temporary practice” rule based on ABA Model Rule 5.5.

Complete Summary
Effective January 1, 2010, the present Illinois Rules of Professional Conduct will be repealed and replaced by the new Illinois Rules of Professional Conduct of 2010.

Illinois RPC 5.5 will then provide in part:

(c) A lawyer admitted in another U.S. jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:

(c)(1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;

(c)(2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;

(c)(3) are in or reasonably related to a pending or potential arbitration, mediation or other alternative dispute resolution proceedings in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or

(c)(4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice.

(d) A lawyer admitted in another U.S. jurisdiction and not disbarred or suspended from practice in any jurisdiction may provide legal services in this jurisdiction that:

(d)(1) are provided to the lawyer’s employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission; or

(d)(2) are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction.

Not surprisingly, foreign lawyers who practice under subsection Illinois RPC 5.5(b) will be subject to Illinois disciplinary authority.

Significance of Rule Change
By amending Illinois RPC 5.5, the Illinois Supreme Court has aligned itself with numerous jurisdictions that have carved out “safe havens” for the temporary practice of law in Illinois by lawyers who are licensed and in good standing in other U.S. jurisdictions.

This alert has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.


Register Today for the 8th Annual Law Firm General Counsel Forum: Risk Management in Troubled Times

Presented by Hinshaw & Culbertson LLP, The Hildebrandt Institute and WestLegalEdCenter

Date: December 2-3, 2009

Location

Thomson Reuters
Thomson Hall, 4th Floor
195 Broadway
New York, NY

Who Should Attend?

  • Law Firm General Counsel
  • Chief Human Resources Directors
  • Chief Compliance Officers
  • Human Resources Professionals
  • Risk Management Partners

Register

Space is limited so register early by contacting WestLegalEdCenter at 1-800-241-0214 or by clicking on the link below. Provide offer code 000000.
http://westlegaledcenter.com/program_guide/course_detail.jsf?courseId=19390351&sc_cid=ws_hild

Topics Include

  • Managing opportunities and risks in the current economy
  • The evolving role of the general counsel
  • Risks of disagreeing litigation services
  • Implications of abandoning the hourly fee
  • Legal issues surrounding laterals

Fee and Discounts

$1,495 for Law Firm Registration

5,000 for Non-Law Firm and Non-Corporate Law Department Registration (Insurance Professionals: Mention Hinshaw to Receive Law Firm Rate of $1,495)

Receive a 10% discount off the registration fee for all participants if you send three or more people from the same organization to the Forum.

CLE Credit

States have widely varying regulations regarding MCLE credit. Please note that some jurisdictions do not accredit Law Practice Management programs. WestLegalEdCenter is an approved provider in AK, CA, GA, IL, ME, MO, ND, NV, NY, OK, SC, VT and WV. Credit may be applied for in additional jurisdictions upon request and in accordance with state MCLE rules.


REGISTER NOW for the Ninth Annual Legal Malpractice & Risk Management Conference and receive a 10% Early Bird Discount before December 1, 2009

Attend the industry's premier annual event focused on current and important developments in the law and litigation of malpractice claims, legal malpractice insurance and risk management strategies. Each conference panel examines recent case law and significant developments throughout the last year. One and one-half days will be devoted to legal malpractice (March 3-4), and one and one-half days will be devoted to risk management (March 4-5). The conference will be held in Chicago at The Westin Chicago River North Hotel.

Earn up to 15 hours of CLE credit, including up to 6.50 ethics credit!

Conference Topics

Legal Malpractice Sessions (March 3-4)

  • Standing to Sue, Privity and Duty of Disclosure
  • Litigation/Litigation Attorney
  • What's Your Little Secret? They Want to Know
  • Judgmental Immunity — A Modern Look at the Legal Profession's Oldest Defense 
  • Insurance Coverage Update: The Year in Review – Prior Knowledge Redux and the Definition of Professional Services
  • 2009 LMRM Case Updates and Statutory Causes of Action
  • Stump the Panel

Legal Malpractice/Risk Management Cross-Over Sessions (March 4)

  • The Insurance Marketplace and Considerations
  • Who is the Client and Standing to Sue – Successor Entities, Affiliates and Subsidiaries
  • Advance Conflict Waivers, Screening and How to Do It

Risk Management Sessions (March 4-5)

  • The General Counsel Forum
  • Suits for Fees/Mandatory Fee Arbitration
  • Risk Management Considerations in Restructuring and Winding-Up Law Firms
  • Managing Client and Law Firm Data, and What Gives When Client and Firm Policies Conflict?
  • On the Horizon – The Slow Motion Revolution


Registration Fees

$1,300 for the Entire Conference - March 3-5
$925 for the Legal Malpractice Sessions Only - March 3-4
$925 for the Risk Management Sessions Only - March 4-5

Discounts (maximum 15% discount per registration)

Returning registrants receive 5% off the conference price
Multiple registrants receive 15% off when two or more colleagues from the same company register for the conference
Early birds receive 10% until December 1, 2009

For more information, please visit www.LMRM.com or click here to Register Now!

To speak with the Conference Planner, Katherine McCormack, please call 312-704-3329.